NZALPA has lodged its submission
to the Government on the proposed
changes to the Employment
Amendment Bill 2018 (Amendment
Bill). Essentially:
“The Association generally supports
the Bill which goes towards promoting
New Zealand’s international
obligations including the International
Covenant on Civil and Political
Rights, the International Covenant
on Economic Culture and Social
Rights and the International Labour
Organisation’s Convention C98 Right
to Organise and Bargain Collectively.”
However, there are key areas
of concern within the NZALPA
submission which included advocating
for the removal of the 90-day trial
period and mandatory access to rest
and meal breaks.
90-DAY TRIAL PERIOD
NZALPA does not support the
retention of the 90-day trial periods for
employers with less than 20 employees,
and called for these provisions to be
removed in their entirety.
As explained in the NZALPA
submission, the proposed provisions
would affect the most vulnerable
employees in New Zealand’s
workforce. In the case of aviation,
this is often graduate or recently
qualified pilots. Often such employees
begin their career encumbered with
large student loans and other debt
but are paid the minimum wage or
can only find part time or seasonal
employment.
A recent NZALPA survey found that
approximately one fifth of graduate or
recently qualified pilots are employed
under atypical employment
arrangements which can contain
precarious conditions.
As outlined in the submission
“Such an environment, coupled with
the proposed 90-day ‘fire at will’
provision, means that these pilots
are less likely to speak out and raise
legitimate safety concerns for fear of
losing their jobs.”
MANDATORY REST AND MEAL
BREAKS
In its submission, NZALPA stated its
strong view
“that all employees should have
mandatory access to rest and meal
breaks as a matter of health and safety.”
This is particularly in relation to the
proposed exclusion of Air Traffic
Controllers (ATCs) that NZALPA
believes puts both the health and
safety of ATCs as well as the general
public in danger.
The submission explained that, under
the current collective employment
agreement between NZALPA and
Airways, many ATCs in solo positions
(usually in regional airports) can be
required to work continuously for up to
7.5 hours on shift and up to 9.5 hours
when performing extended duty.
While many of these regional airports
would seem to have relatively low
levels of aircraft movement, the
primary role for an ATC is to maintain
a continuous visual watch on the
aerodrome and its surrounding
airspace. Responsibility for any
aircraft in the ATCs’ airspace remains
firmly with the tower until transferred
to another ATC unit, until the aircraft
lands, or until it leaves the airspace.
The tower must also listen for
possible safety or Mayday calls.
NZALPA is concerned that the Bill
does not make adequate provisions
for rest and meal breaks to ensure
the health and safety of, primarily,
the solo watch controller, but also the
airspace users and, ultimately, the
travelling public.
The submission called for
“either sufficient controllers on duty
to ensure the breaks can be taken,
or a process by which the breaks can
be taken, without unduly interrupting
air traffic. The Association believes
that either relief staff should be
available or temporary closure should
be advised by a Notice To Air Men
(NOTAM) by Airways.”
NZALPA will extend on these points
during the upcoming hearing of
submissions at the Education and
Workforce Select Committee at
Parliament. On conclusion of the
select committee stage, a report and
recommendations will accompany
the Bill’s return to Parliament
scheduled for August this year.
Upcoming editions of Uplink will keep
members updated on progress.
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